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HomeMy WebLinkAbout20190522_Scanned_filesMINING CHECKLIST FOR ROUTING Applicant's Name:_, ProjectName: Applic./ Permit No: /,,f County: Reviewer. River Basin Name: Date Received. ❑ New ❑ Modification (inside permit boundaries) ❑ Modification (outside permit boundaries) ❑ Transfer ❑ Release ❑ Partial Release ❑ Additional Information ❑ Fee Needed:; ❑ Fee Received: t Please route entire application package to : ❑ Regional Office (z complete copies, attach the "LQS Regional Office Mining Application Review Checklist" to one copy and attach both the DAQand DWR "Mining Application Review Form" to the other copy; send both copies to the Regional Engineer) Date: Routed ❑ Division of Water Resources Date: Routed ❑ NC Wildlife Resources Commission Date: Routed ❑ US Fish it Wildlife Service Date: Routed (Only new applications and modification requests that add land to the permit) Please route first; pages of the application and any location maps to: ❑ Division of Parks iJ Recreation Date: Routed ❑ NC Geological Survey Section Date: Routed ❑ Division of Marine Fisheries Date: Routed ❑ Division of Soil eWater Conservation (plus LEA) Date: Routed (Only new applications and modifications requests that add land to the permit) ❑ Division of Archives i7 History Date: Routed (Only nero applicants) ❑ Other: Date: Routed ** Suspense Date for Comments: ❑ Please note the following: Rec'd Rec'd Rec'd Rec'd Rec'd Rec'd Rec'd Rec'd Rec'd Rec'd (no later than zg days from receipt) G.S. Materials, Inc. PO Box 1355 Burlington, NC 27216 919-499-9322 December 16, 2019 NCDENR Judy Wehner & Kimberly Summers 1612 Mail Service Center Raleigh, NC 27699-1612 RE: Mill Creek Mine Permit 51-40 & 51-49 Dear Judy: We sent a request to modify the above -mentioned permits earlier this year. We would like to withdraw this request and keep our current permits in place. Should there be any questions regarding this, please feel free to call me at 336-263-6105. We apologize for any inconvenience. Sincerely, James Kirkpatrick FwC"V__D DEC 2 0 lots LP_° 10 C'i it i-y MINii�G F �<G��:,1t,n N GS1vk G.S. Materials, Inc. P.O. Box 1335 Burlington, North Carolina 27216 I � r a P°t A� � .s�.�► c� HC 2.211 �f��� g1 _ - i� � � niTwEr eowes 02 ,P $ 000:500 OOO1992227 DEC 16 2019 MA!LFn FROM Z!P GOOF 272'.--� f„11„idy1111111iil m„Ili1111111qrlhill„iil,li,i1I1Jii ROY COOPER Governor MICHAEL S. REGAN Secretary S. Daniel Smith Director CERTIFIED MAIL RETURN RECEIPT REQUESTED 7016 2140 0000 0565 1789 Ms. Karen Newport Blue Water Sand & Gravel Inc. PO Box 135 Burlington, North Carolina 27216 RE: Mill Creek Mine Mining Permit No. 51-40 Johnston County Neuse River Basin Dear Ms. Newport: NORTH CAROLINA Environmental Quality November 21, 2019 We have received the $51,000.00 Surety Bond No. PB02341701045 issued by Philadelphia Indemnity Insurance Company for the referenced mining operation. As this new surety bond sufficiently covers the mining operation, the enclosed Surety Bond No. 9195715 for $51,000.00 issued by the Fidelity and Deposit Company of Maryland is hereby released by the Department of Environmental Quality for your disposal. Please note that we have not received a response to the August 19, 2019 letter requesting more information for the modification of this permit and Mining Permit No. 51-49. Thank you for your cooperation and prompt attention to this matter. If you should have any questions on the above, please contact me at (919) 707-9220. Sincerely, 4c Jdith A. Wehner Assistant State Mining Specialist Enclosure: Surety Bond No. 9195715 cc: Mr. Bill Denton, PE North Carolina Department of Environmental Quality I Division of Energy, Mineral and Land Resources 512 North Salisbury Street 1 1612 Mail Service Center I Raleigh, North Carolina 27699-1612 NORrH cnaa.uan \ o�vavxnc or Emlroem.RW auuiq\ 40040 919.707.9200 ROY COOPER Governor MICHAEL S. REGAN Secretary S. DANIEL SMITH Director Certified Mail Return Receipt Requested 7016 2140 0000 0565 1383 Mr. James Kirkpatrick Blue Water Sand & Gravel Inc. PO Box 1335 Burlington, North Carolina 27216 RE: Mill Creek Mine Permit No. 51-40 & 51-49 Johnston County Neuse River Basin Dear Mr. Kirkpatrick. NORTH CAROLINA Environmental Quality August 19, 2019 We have reviewed the modification your company submitted for the referenced mine site. In order for this office to complete its review of the referenced project in accordance with GS 74-50 and 51 of the Mining Act of 1971, please provide the additional or revised information in accordance with the following comments: 1. Provide proof, such as a copy of the signed return receipt from certified mail that the county manager has been properly notified of the modification to add land. 2. Provide proof that there is a valid wetland delineation of the properties and surrounding area. In addition provide a valid stream determination. Include . a NRCS soil survey of the site. 3. Provide a50 foot riparian buffers along all head of where the skimmer outlet dissipator is shown. The dissipator must be outside of the buffer. 4. Provide skimmer calculations for the skimmer proposed for Pit B. 5. Revise the map to clearly show and label all access roads. North Carolina Department of Environmental Quality I Division of Energy, Mineral and Land Resources 512 North Salisbury Street 1 1612 Mail Service Center I Raleigh, North.Carolina 27699-1612 NOA7ii CARCLINA N Q Certified Mail Mr. Kirkpatrick Page 2 6. Please clarify if you plan on bonding the future pit areas (2 & 3) at this time -or plan on modifying the permit to include these areas later. If this is the case, add a note on the mine stating such. Please note, this office may request additional information, not included in this letter, as the mining application review progresses. Please be advised that our review cannot be completed until all of the items listed above have been fully addressed. In order to complete the processing of your application, please forward two (2) copies of the requested information and the bond to my attention at the following address: Division of Land Resources Department of Environmental Quality 1612 Mail Service Center Raleigh, NC 27699-1612 As required by 15A NCAC 513.0013, you are hereby advised that you have 180 days from the date of your receipt of this letter to submit all of the requested information. If you are unable to meet this deadline and wish to request additional time, you must submit information, in writing, to the Director clearly indicating why the deadline cannot be met and request that an extension of time be granted. If an extension of time is not granted, a decision will be made to grant or deny the mining permit based upon the information currently in the Department's files at the end of the 180-day period. Though the preceding statement cites the maximum time limit for your response, we encourage you to provide the additional information requested by this letter as soon as possible. Your prompt response will help us to complete processing your application sooner. Please contact me at (919) 707-9220 if you have any questions. incerely, c udith A. Wehner Assistant State Mining Specialist - cc: Mr. Bill Denton, PE Wehner, Judy From: Denton, Bill Sent: Thursday, August 15, 2019 4:25 PM To: Miller, David Cc: Wenner, Judy, Summers, Kimberly M Subject: FW: Mill Creek Mine (combining 51-40 & 51-49 and additional acreage) Review Comments David/Judy: Please see Kimberly's comments below. I have none to add. If we can be of further assistance, don't hesitate to call. Thanks.\ Emu William H. Denton, IV, PE Regional Engineer — RRO Division of Energy, Mineral, and Land Resources — Land Quality Section Department of Environmental Quality 919 7914200 office bill.denton(a)ncdenr. oov 1628 Mail Service Center, Raleigh, North Carolina 27699 ^Nothing Compares.,—. Email correspondence to and from this address is subject to the Noah Carolina Public Records Law and may be disclosed to third parties. From: Summers, Kimberly M <kimberly.summers@ncdenr.gov> Sent: Tuesday, August 13, 2019 11:15 AM To: Denton, Bill <bill.denton@ncdenr.gov> Subject: Mill Creek Mine (combining 51-40 & 51-49 and additional acreage) Review Comments ma Please see the below review comments for the most recent Mill Creek Mine permit submittal (combining 51-40 & 51-49 and additional acreage) I was on site 8/12/19 and the buffers have all been restored. Provide documentation regarding wetlands determination. (In progress.) 2. The only outlet for the settling basin is a rock weir overflow. Is this acceptable? A riparian buffer is shown around the sides of a ditch to the east of Pit B. However, a 50' buffer is not shown at the head of the ditch where an outlet dissipator is shown. Dissipator should be outside of the buffer. A skimmer is proposed at Pit B. Do we have calculations? 5 Clearly show and label all haul roads. Add a note under Future Pit 2 and Future Pit 3 that a permit modification will be needed before work begins in these areas. Kimberly Summers Environmental Specialist Division of Energy, Mineral and Land Resources Raleigh Regional Office O: (919) 791-4200 F:(919) 571-4718 kimberiV.sumrnersC@ncdenr.gov E-Mad mrrespondenoe to and 4om this address is Subject to t6eNort6Carolina Pu6licRemrdstdwand is disclosed to t6 rd parties unlen the content is exempt by statute orother regulation. A♦ MINING CHECKLIST FOR ROUTING f' Applicant's Name: l�l llU L P ' 1' )<a .; %-i'�'` :' ProjedName:�- Applic./ Permit No: County: Date Received Reviewer: River Basin Name: V &-IV , ❑ New ❑ Modification (inside permit boundaries) ❑ Modification (outside permit boundaries) ❑ Transfer ❑ Release ❑ Partial Release ❑ Additional Information ❑ Fee Needed: s ❑ Fee Received: $ Please route entire application package to: ❑ Regional Office (z complete copies; attach the "LQS Regional Office Mining Application Review Checklist" to one copy and attach both the DAQand DWR "Mining Application Review Form" to the other copy; send both copies to the Regional Engineer) Date: Routed Rec'd ❑ Division of Water Resources Date: Routed Rec'd ❑ NC Wildlife Resources Commission Date: Routed Rec'd ❑ US Fish dt Wildlife Service Date: Routed Rec'd (Only new applications and modification requests that add land to the permit) Please route first 3 pages of the application and any location maps to: ❑ Division of Parks it Recreation Date: Routed ❑ NC Geological Survey Section Date: Routed ❑ Division of Marine Fisheries Date: Routed ❑ Division of Soil dt Water Conservation (plus LEA) Date: Routed (Only new applications and madifwations requests that add land to the permit) ❑ Division of Archives dt History (Only new applicants) ❑ Other: ** Suspense Date for Comments: ❑ Please note the following: Date: Routed Date: Routed Rec'd Rec'd Rec'd Rec'd Rec'd Reed (no later than zs days from receipt) j pARAMOUNTE E N 0 1 N E E R July 18, 2019 NCDEQ 512 North Salisbury Street 1612 Mail Service Center Raleigh, North Carolina 27699-1612 Attn: Judith Wehner RE: Mill Creek Mine Dear Mrs. Wehner, N C3. I N C. JUL 2 1019 LAND OUALI 1 V ScGT1O� On behalf of GS Materials, we are submitting a response to your comments dated June 26t" 2019. Please find your comments listed below with our response provided in bold. Provide proof, such as a copy of the signed return receipt from certified mail that the county manager has been properly notified of the modification to add land. • We are meeting with Johnston County and have had discussions with the Planning Director. We are proceeding with a rezoning as required with Johnston County and if you need additional information let us know. 2. Properly complete the enclosed Affidavit of Notification and return the original to this office. • An original signed Affidavit will be mailed to your attention. 3. Provide proof that there is a valid wetland delineation of the properties and surrounding area. In addition, provide a valid stream determination. Include a NRCS soil survey of the site. • A meeting and JD request is being scheduled with the USACE Office in order to determine stream and wetland features on the permit boundary. An NRCS soil survey is attached herein in the meantime. 4. Provide proof all riparian buffers have been re-established and revegetated. Show all buffers, wetland and streams on the mine map. Include the riparian buffers along all head waters of streams. • The 50-ft stream and ditch riparian (undisturbed) buffers are shown on the maps and all the riparian buffers have been restored. The only one in question was at the rear of the property where the ditch was discharging and that ditch has been plugged and the 50-ft buffer is being re -vegetated. 5. Revise the mine map to show the overburden storage area locations. Show all of the previously approved erosion and sediment control measures on the mine map. Show all proposed berms on the mine map. • Mine Maps have been revised to show the erosion control measures previously approved which include the initial depressed sediment pits on Pits 3 and 4. Overburden berms have been replaced with wastepile areas along with stockpile areas. The future Pits 3 and 4 are not included within the affected acreage at this 2 2 C I N E M A C R I V E. W I L M 1 N G T C N. NC 2 B 4 C 3 H 1 9 1 C) 7 9 1- 6 9 0 7 F A X: (9 1 C) 9 9 1- 6 9 6 C pARAMO NTE E N G I N E E R I N G. I N C. time, therefore, a permit modification will be required and further erosion control measures can be installed prior to the new permitted excavation. 6. Explain how your company intends to dispose of the materials on the Harper Property from the fire. • The Harper House will be properly disposed of at the Johnston County landfill or wood material further burned onsite. 7. The application used was not the updated application. Provide the life of the mine in years. Note that a modification may be required if the mine life extends past 10 years. • The revised page 4 in section A. The mine life will still be 10yrs. 8. Provide a detailed comprehensive mine plan. Include dewatering details. • The dewatering is shown in more detail on the maps and details. Discharge #1 is the Marlee skimmer outlet attached to the existing box outlet, that is not being used currently. Discharge #2 is another surface watering device, the rip -rap overflow spillway. A revised detail and mine maps have been shown. 9. Show the location of the skimmers, skimmer outlets, and outlet protection. Show a retrieval rope on the simmer detail. Include skimmer calculations. Provide additional erosion and sediment control measures during clearing phases. Provide a baffle detail. • A rope is shown on the slimmer detail. Baffles are not proposed given new excavations will be expansions of existing pits as shown or either initial pits that water naturally drains into and does not leave. Therefore, baffles will serve no purpose in a depressed area where water does not drain offsite. These areas are already cleared and open fields. The future Pits 3 and 4 are not included within the affected acreage at this time, therefore, a permit modification will be required and further erosion control measures can be installed prior to the new permitted excavation. 10. Provide lime rates. Specify mulch and tack details for all seeded area. Provide a matting detail. • Lime and fertilizer rates are now shown along with a diversion ditch AND RECP details on Sheet CM-3. Thank you for your attention to this matter. If you have any questions regarding any of this information or require additional material, please feel free to call. Sincerely, Paramounte Engineering, Inc. 165 J. Branch Smith Cc: (2) Mine Maps; Application Page; Soils Map 1 2 2 O I N E M A O R I V E, W I L M I N O T O N. NO 2 9 4 O 3 I. H 1 (9 1 O) 7 9 1• I 7 0 7 F A X: (9 1 O) 7 9 1- 6 7 6 0 35° 21'WN 3 W4TN Soil Map —Johnston County, North Carolina a Y b k k 35°2l'WN z® M z� M f?i e 35° M 4S N 751Mp F.dECO 75tLm3 7 m 7553U F.6000 7'.u`KO b b Map Scale: 1:9,050 0pM1teim Apotrad(8.5'x 1I")5h0et. k N k 0 100 2fID 40D 600as A 0 0 400 800 1610 2400 Map pretedim: Web Mercator Cornamadnates:WG584 Edge UN Zone 17N WGS84 usDA Natural Resources Web Soil Survey 7/11/2019 211111111111 Conservation Service National Cooperative Soil Survey Page 1 of 3 Soil Map —Johnston County, North Carolina Map Unit Legend Map Unit Symbol Map UnitName Acres in AOI Percent of AOI AaA Altavista fine sandy loam, 0 to 72.5 18.4% 2 percent slopes, occasionally flooded AsA Augusta sandy loam, 0 to 2 47.7 12.1 % percent slopes, occasionally flooded Ch Ch Icawe a loam, 0 to 2 percent 33.5 8.5% slopes, frequently flooded 79.1 20.0% Ro Roanoke loam, 0 to 2 percent slopes, occasionally flooded 45.0 11.4% StA State sandy loam, 0 to 3 percent slopes, occasionally flooded To Tomobey sandy loam, 0 to 2 2.9 0.7% percent slopes, rarely flooded W Water 3.3 0.8% Wh Warne loam, 0 to 2 percent slopes, occasionally flooded i 108.2 27.4% Ww Wehadkee-Chastain 2.6 0.6% association, 0 to 2 percent slopes, frequently flooded Totals for Area of Interest 394.7 100.0% uscAx Natural Resources Web Soil Survey 7/11/2019 Conservation Service National Cooperative Soil Survey Page 3 of 3 Soil Map —Johnston County, North Carolina MAP LEGEND 1 F&I MIL Affeli!] Area of Interest (AOI) ... Spoil Area The soil surveys that comprise your AOI were mapped at O Area of Interest (AOI) Stony spot 1:24,000. Solis t}^j Very Stony Spot Warning: Soil Map may not be valid at this scale. Soil Map Unit Polygons 7, wet Spot Enlargement of maps beyond the scale of mapping can cause Soil Map Unit Lines misunderstanding of the detail of mapping and accuracy of soil " Other line placement. The maps do not show the small areas of ® Soil Map Unit Points contrasting soils that could have been shown at a more detailed Special Line Features scale Special Point Features t> Blowout Water Features Streams and Canals Please rely an the bar scale on each map sheet for map Borrow Pit measurements. Transportation T Clay Spot Rails Source of Map: Natural Resources Conservation Service Web Soil Survey URL: Closed Depression ti Interstate Highways Coordinate System: Web Mercator (EPSG:3857) Gravel Pit _ US Routes Maps from the Web Soil Survey are based on the Web Mercator Gravelly Spot projection, which preserves direction and shape but distorts „ Major Roads distance and area. A projection that preserves area, such as the cc Landfill Local Roads Albers equal-area conic projection, should be used if more Lava Flow accurate calculations of distance or area are required. 'A, Background Marsh or swamp ® Aerial Photography This product is generated from the USDA-NRCS certified data as of the version date(s) listed below. Mine or Quarry Soil Survey Area: Johnston County, North Carolina ® Miscellaneous Water Survey Area Data: Version 22, Sep 10, 2018 0 Perennial Water Soil map units are labeled (as space allows) for map scales Rock Outcrop 1:50,000 or larger. Saline Spot Date(s) aerial images were photographed: Oct 29, 2014—Nov 28, 2017 - - Sandy Spot The orthophoto or other base map on which the soil lines were �@4. Severely Eroded Spot compiled and digitized probably differs from the background imagery displayed on these maps. As a result, some minor 0. Sinkhole shifting of map unit boundaries may be evident. o Slide or Slip Sodic Spot USDA Natural Resources Web Soil Survey 7/11/2019 Conservation Service National Cooperative Soil Survey Page 2 of 3 APPLICATION FOR A MINING PERMIT SEE THE FEE SCHEDULE AT THE END OF THIS FORM FOR THE PROPER FEE AMOUNT TO BE PAID FOR THE REQUESTED PERMIT ACTIONS) AND CORRESPONDING ACREAGE NOTED ABOVE 2. Name of all materials mined: Sand and Gravel 3. Mining method: 4. ❑ Hydraulic Dredge ® Front-end Loader & Truck ❑ Shovel & Truck ® Dragline & Truck ❑ Self -loading Scraper Other (explain): Tracked Excavator and Truck a. Expected maximum depth of mine (feet) +/- 35ft Depth is relative to what benchmark? (e.g., natural ground level, mean sea level, road elevation, etc.) Natural Ground b. Expected average depth of mine (feet) +/- 30-35 ft 5. Has any area(s) at this site been mined in the past? Yes ® No ❑ If yes, when and by whom was this activity conducted? Since 2007 by G.S.M. and prior by others 6. Number of years for which the permit is requested (Life of Mining Operation or Life of Lease from Public Entity): 10 B. MAPS 1. Clearly mark and label the location of your mining operation on six (6) copies of a 7.5-minute quadrangle and a county highway map. These maps, in addition to six (6) copies of all mine maps and reclamation maps, must be submitted with each permit application. 7.5-minute quadrangles may be obtained from the N.C. Geological Survey: Mailing_ Address: Physical Address: 1612 Mail Service Center OR 512 North Salisbury Street, 5'hFloor Raleigh, North Carolina 27699-1612 Raleigh, North Carolina 27604 (919) 733-2423 www.geology.enr.state.nc.us/ County highway maps may be obtained from the N.C. Department of Transportation: North Carolina Department of Transportation — Geographic Information Systems (GIS) Mailing Address: Physical Address: NCDOT GIS Unit NCDOT GIS Unit 1587 Mail Service Center 3401 Carl Sandburg Court Raleigh, North Carolina 27699-1587 Raleigh, North Carolina 27610 (919) 212-6000 4 AFFIDAVIT OF NOTIFICATION I, Tames Kirkpatrick , an applicant, or an agent, or employee of an applicant, for a new Mining Permit, or a modification of an existing Mining Permit to add land to the permitted area, from the N.C. Department of Environment and Natural Resources, being first duly sworn, do hereby attest that the following are all known owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary (including, where an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts, that are within 1,000 feet of the mining permit boundary) and that notice of the pending application has been caused to be mailed, by certified or registered mail, return receipt requested, to said owners of record at their addresses shown below, such notice being given on a form provided by the Department: NA I do also attest that the following individual is the chief administrative officer of the county or municipality in which any part of the permitted area is located and that notice of the pending application has been caused to be mailed, by certified or registered mail, return receipt requested, to said office at the following address: Braston Newton, Planning Director Johnston County Government 309 E. Market Street, Smithfield, NC 27577 www.johnstonne.com/planning Phone: (919) 989-5150 Fax: (919) 989-5426 The above attestation was made by me while under oath to provide proof satisfactory to the Department that a reasonable effort has been made to notify all known owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary (including, where an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts, that are within 1,000 feet of the mining permit boundary) and the chief administrative officer of the county or municipality in which any part of the permitted area is located in compliance with N.C.G.S. 74-50(bl) and 15A NCAC 5B .0004(d). I understand that it is the responsibility of the applicant to retain the receipts of mailing showing that the above notices were caused to be mailed and to provide them to the Department upon request. Si a re of Applicant or 'ge-f Date If person executing Affidavit is an agent or employee of an applicant, provide the following information: e of applicant: 3GrY.Ki � SK .�i id o Title of person executing Affidavity. P. I, G e a Notary Public of the County of A'(C n/,Q/-CL , State of North Carolina, do hereby L)a -5 certify that VL appeared before me this day and under oath acknowledged that the above Affidavit was made by him. �� c Witness my hand and notarial seal, this 1 day of L A"1 / RECENED Zr ���lo :_ JUL 2 5 2019 :MVP 17 .•� LAND QUALITY '���9iCEp 1N,��.• MINING PROGRAM NC 13ept of Environmental Quality -- NCDeptofEnvironmentalQnality JUL 2 3 2019 Raleigh Regional Off'Ce `A Y ROY COOPER Governor MICHAELS.REGAN Secretary S. DANIEL SMITH Director Certified Mail Return Receipt Requested 7016 2140 0000 0564 4972 Mr. James Kirkpatrick Blue Water Sand & Gravel Inc. PO Box 1335 Burlington, North Carolina 27216 RE: Mill Creek Mine Permit No. 51-40 & 51-49 Johnston County Neuse River -Basin Dear Mr. Kirkpatrick: NORTH CAROLINA Environmental Quality June 26, 2019 We have reviewed the modification your company submitted for the referenced mine site. In order for this office to complete its review of the referenced project in accordance with GS 74-50 and 51 of the Mining Act of 1971, please provide the additional or revised information in accordance with the following comments: Provide proof, such as a copy of the signed return receipt from certified mail that the county manager has been properly notified of the modification to add land. 2. Properly complete the enclosed Affidavit of Notification and return the original to this office. r�3 Provide proof that there is a valid wetland delineation of the properties and surrounding area. In addition provide a valid stream determination. Include a NRCS soil survey of the site. 4. Provide proof all riparian buffers have been re-established and revegetated. Show all buffers, wetland and streams on the mine map. Include the riparian buffers along all head waters of streams. North Carolina Department of Environmental Quality I Division of Energy, Mineral and Land Resources 512 North Salisbury Street 11612 Mail Service Center I Raleigh, North Carolina 27699-1612 rmm<.aaw, a�nuramaiemwin�w u.eq�� 919.707.9200 1�� Certified Mail Mr. Kirkpatrick Page 2 5. Revise the mine map to show the overburden storage area locations. Show all of the previously approved erosion and sediment control measures on the mine map. Show all proposed berms on the mine map. 6. Explain how your company intends to dispose of the materials on the Harper Property from the fire. 7. The application used was is not the updated application. Provide the life of the mine in years. Note that a modification may be required if the mine life extends past 10 years. 8. Provide a detailed comprehensive mine plan. Include dewatering details. 9. Show the location of the skimmers, skimmer outlets, and outlet protection. Show a retrieval rope on the simmer detail. Include skimmer calculations. Provide additional erosion and sediment control measures during clearing phases. Provide a baffle detail. 10. Provide lime rates. Specify mulch and tack details for all seeded area. Provide a matting detail. Please note, this office may request additional information, not included in this letter, as the mining application review progresses. Please be advised that our review cannot be completed until all of the items listed above have been fully addressed. In order to complete the processing of your application, please forward two (2) copies of the requested information and the bond to my attention at the following address: Division of Land Resources Department of Environmental Quality 1612 Mail Service Center Raleigh, NC 27699-1612 As required by 15A NCAC 513.0013, you are hereby advised that you have 180 days from the date of your receipt of this letter to submit all of the requested information. If you are unable to meet this deadline and wish to request additional time, you must submit information, in writing, to the Director clearly indicating why the deadline cannot be met and request that an extension of time be granted. If an extension of time is not granted, a decision will be made to grant or deny the mining permit based upon the information currently in the Department's files at the end of the 180-day period. Certified Mail Mr. Kirkpatrick Page 3 Though the preceding statement cites the maximum time limit for your response, we encourage you to provide the additional information requested by this letter as soon as possible. Your prompt response will help us to complete processing your application sooner. Please contact me at (919) 707-9220 if you have any questions. qJucerely, ith A. Wehner Assistant State Mining Specialist Enclosure cc: Mr. Bill Denton, PE Wehner, Judy From: Denton, Bill Sent: Tuesday, June 25, 2019 4:15 PM To: Wehner, Judy Cc: Summers, Kimberly M Subject: FW: Mill Creek Comments 51-40 Please see Kimberly's comments below. I would only add that our permit should clarify when pumping between pits is permissible at the mine site. There was confusion on this issue when we conducted our most recent site visit. Thanks. f:31f William H. Denton, IV, PE Regional Engineer— RRO Division of Energy, Mineral, and Land Resources — Land Quality Section Department of Environmental Quality 919 791 4200 office bill.denton(ncdenr.aov 1628 Mail Service Center, Raleigh, North Carolina 27699 !''Nothing Compares —� Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Summers, Kimberly M Sent: Thursday, June 06, 2019 4:47 PM To: Denton, Bill <bill.denton@ncdenr.gov> Subject: Mill Creek Comments 51-40 M1 Please see the below review comments for the Mill Creek Mine revised permit (combining 51-40 & 51-49 and additional acreage) 1. Provide the location of the site, to scale as near as possible, on the most recent paper -bound version of the Natural Resources Conservation Service (NRCS) soil survey map. Do not use the new color versions of the maps available on the NRCS website. Use the scanned copies of the archived black and white maps on their website, which are more accurate. 2. Max depth stated in permit application +/-35'. In detail on sheet CM-1, depth is+/-50'. 3. Plan states "Follow erosion control measures as approved on previous mine maps for any new excavation and clearing." This modification seeks to combine permits 51-50 and 51-49 under one permit, 51-40. If permits are to be combined, all information, maps, and ESC measures for all areas in both mines covered under this new revision should be submitted as part of this permit modification. 4. Show all riparian buffers, wetlands, and stream features on the plan sheet. Submit 401/404, if needed. 5. A riparian buffer is shown around the sides of a ditch in the south eastern portion of site. However, a 50' buffer is not shown at the head of the ditch where an outlet dissipator is shown. 6. Show location of skimmer, skimmer outlet, and outlet protection on the skimmer basin symbol on the plan sheet 7. Additional ESC measures will be needed during early phases of overburden removal associated with Pits C and F 8. Provide a baffle detail. 9. Show a retrieval rope on the skimmer detail. 10. Provide lime rates. 11. Specify seeded areas will be mulched and tacked after seed is applied and specify rates. 12. Wheat is only a temporary crop, not permanent. 13. Provide a matting detail. 14. Provide skimmer calculations. Thanks, Kimberly Kimberly Summers Environmental Specialist Division of Energy, Mineral and Land Resources Raleigh Regional Office 0:(919) 791-4200 F: (919) 571-4718 kimberlv.summers@ncdenr.eov &Mail coressponde. to end from this address is subject to the North Carolina Public Records bawand is disclosed to third parties unless the content is exempt by statute or other regulation. CmlfpfnfYnlG1 Wehner, Judy From: Bauer, Michael Sent: Tuesday, June 04, 2019 10:50 AM To: Wehner, Judy Subject: Mine app reviews Attachments: A&H Mine 2019 mod.docx; Mill Creek Mine 2019 mod.docx Judy, Attached are the mine application reviews forA&H Mine in Hoke County and the Mill Creek Mine in Johnston County. I hope this is the proper way to send the letters now that they are electronically sent to us. Thank you. Michael Bauer Hydrogeologist North Carolina Department of Environmental Quality 919 707 9004 office 919 733 3558 fax Michael.BauerPncdenr.¢ov 512 N. Salisbury Street Raleigh NC 27604 Mailing address: 1611 Mail Service Center 11th floor Archdale Raleigh, NC 27699-1611 ROY COOPER Governor MICHAEL S. REGAN Secretary LINDA CULPEPPER Director MEMORANDUM TO: Ms. Judy Wehner Land Quality Section FROM: Michael Bauer NORTH CAROLINA Environmental Quality June 4, 2019 Ground Water Management Branch Division of Water Resources SUBJECT: Comments on the Mining Permit Modification Request for: Blue Water Sand and Gravel, Inc. Mill Creek Mine Johnston County Please find attached a copy of the mining permit Modification request for the above referenced project. The Mill Creek Mine, located in Johnston County, does not appear to have an unduly adverse effect on ground water supplies and has previously registered their withdrawals, with the Division of Water Resources, as facility ID #0864-0001. Facilities are required to register their water withdrawals in accordance with the North Carolina General Statute G.S. 143-215.22H. This statute requires any non-agricultural water user who withdraws 100,000 gallons or more in any one day of ground water or surface water to register and update withdrawals. This statute also requires transfers of 100,000 gallons or more in any one day of surface water from one river basin to another river basin to register and update their water transfers. Water withdrawal registrants must complete the annual water use reporting form by April 1 for the previous year. The registration form may be obtained from the following link: https://www.ncwater.org/wwatr If you have further questions regarding the water withdrawal registration please contact John Barr with the Division of Water Resources at (919) 707-9021 or email him at john.barr@ncdenr.gov. North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 1 1611 Mall Service Center I Raleigh, North Carolina 27699-1611 nmaY.m,\ 919.707.9000 05/21/2019 Ms. Judith Wehner. NCDEQ-DEMLR-Mining Section 1612 Mail Service Center Raleigh, NC 27699-1612 RECEIVED MAY 292019 LAND QUALITY MINING PROGRAM Re: Blue Water Sand and Gravel, Inc. Mining Permit 51-40 & 51-49. Johnson County. Dear Ms. Wehner: If the proposed mine named Mill Creek Mine adversely impacts any existing wells for the residences that are currently occupied within a 500' radius of its location, Blue Water Sand and Gravel, Inc. will take action to correct loss of water by lowering the pumps and/or increasing the drop pipes in existing wells, replacing the pump with one that can draw from a deeper depth, replacing the well with a deeper one, or would considering paying the initial hook-up fee for county water for the residences if the owner desires. Sincerly, Karen Newport CEO PO Box 1335, Burlington, NC 27216. Tel: 919-499-9322. Fax: 919-499-2097. PARAMOUNTE E N G 1 N E E R 1 MG. I N C. May 22, 2019 Ms. Judy Wehner NCDEQ — NCDEMLR 1612 Mail Center Drive Raleigh, NC24"91'f(o9•f RE: Mill Creek Mine (Permit 5140 and 51-49) Williford Rd, Princeton, Johnston County, NC Dear Ms. Wehner, RECEIVED MAY 2 9 Z019 LAND QUALITY MINING PROGRAM On behalf of Blue Water Sand and Gravel, Inc. we are submitting a follow-up summary of the changes proposed as -requested by your email. See below for a brief list - • Request that the permits 51-40 and 51-49 be combined into 1 permit with a single bond coverage. • The Harper tract where the washout occurred across the driveway has been purchased by Blue Water and has been included into the revised maps issued to your office. • The buffers are varied between permits and we propose basically a 50' buffer all the way around with exception to Williford Road as a 100' buffer. There was a 250' buffer on the rear of the old maps, that we are proposing to be a 50' now. • Dewatering permit NCG 020882 has been active since 2010, renewed in 2015, and expires in 2020 as part of those general stormwater permits. • A new water withdrawal registration has been applied for given the potential of dewatering over 100,000 GPD on the property. • The easement running through the Nancy Weaver tract may be still legal and valid, however, it's not included within the mine boundary anymore. It has not been used or disturbed since it was originally permitted. • The NOV items have all been addressed by now, assuming we have final ok from your Dept. Given Blue Water and GS Materials are the same ownership, we'd like to ask for the Madeline Hall Expansion (71-12) Bond be approved please. If you have any questions regarding any of this information or require additional material, please feel free to call. Sincerely, PARAMOUNTE ENGINEERING, INC. r J. Branch Smith, PE Cc: William Denton, DEMLR Raleigh Regional Office 1 2 2 C I N E M A C R I V E. W I L M I N❑ T C N, N C 2 B 4 C 3 P H t (9 1 C) 7 9 1- 6 7❑ 7 F A X (9 10) 7 9 1- 6 7 60 PAGE 7 OF 1 Wehner, Judy From: Peveler, Michael L Sent: Wednesday, May 29, 2019 11:10 AM To: Wehner, Judy Cc: Livingstone, Steve F Subject: RE: [External] RE: pdfs of Blue Water S & G Attachments: Johnston County, Mill Creek Mine, Response Letter.pcif Judy Please see the attached. Mike Peveler Environmental Review Coordinator NC Dept. of Natural and Cultural Resources 919-707-8188 919-715-5161 FAX Michael. Peveler(cDncoarks. aov 121 W. Jones Street 1 1615 Mail Service Center I Raleigh, NC 27699 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Wehner, Judy <judy.wehner@ncdenr.gov> Sent: Tuesday, May 28, 2019 1:56 PM To: Wilson, Nat <nat.wilson@ncdenr.gov>; Peveler, Michael L <michael.peveler@ncparks.gov>; Bauer, Michael <michael.bauer@ncdenr.gov>; Galamb, Eric <Eric.Galamb@ncagr.gov>; Dunn, Maria T. <maria.dunn@ncwildlife.org>; Pete_Benjamin@fws.gov; Leigh_Mann@fws.gov; Taylor, Kenneth <kenneth.b.taylor@ncdenr.gov> Subject: FW: [External] RE: pdfs of Blue Water S & G Please find attached for your review a copy of the mining permit application request for the above referenced project. Please review this information and advise as to the probability of this operation having unduly adverse effect (G.S. 74-51(2)). Please respond by June 14, 2019 so that we may complete our review of this request within our statutory time limits. As is the case in our review of all mining permit applications and modifications, this office will carefully review all proposed erosion and sediment control measures to ensure that they are sufficient to restrain erosion and off -site sedimentation. However, any comments your agency can provide regarding effects would be greatly appreciated. If your staff wishes to perform a site inspection, it is recommended that they contact the person submitting this request to set up a convenient date and time. Your continued cooperation in the review of these type of requests is greatly appreciated. Please contact me at (919) 707-9227 if you have any questions. From: Branch Smith <bsmithPparamounte-en¢.com> Sent: Tuesday, May 28, 2019 1:00 PM To: Wehner, Judy <iudv.wehnerCa)ncdenr.gov> Subject: [External] RE: pdfs of Blue Water S & G See attached pdfs Kind Regards; Branch From: Wehner, Judy <iudv.wehner(ancdenr.¢ov> Sent: Tuesday, May 28, 2019 11:40 AM To: Branch Smith <bsmithg@paramounte-eng.com> Subject: pdfs of Blue Water S & G Can you send me pdfs of the maps and application, please? Our admin is out sick and I need to route it ASAP. Judy Wehner Assistant State Mining Specialist Land Quality Section 919-707-9227 office Judy Wehner(c)ncdenr.go Email 1612 Mail Service Center Raleigh, North Carolina 27699-1512 512 N. Salisbury Street Raleigh, North Carolina 27604 Mining Program Website: https://dea. nc.gov/about/divisions/energy-mineral-land-resources/energy-mineral-land-permits/min ing-grog ram W. -'�> Nothing Compares_— Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties- E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. 0 Division of Parks and Recreation NC Department of Natural and Cultural Resources Governor Roy Cooper May 29, 2019 Judy Wehner Assistant State Mining Specialist Land Quality Section North Carolina Division of Energy, Mineral and Land Resources 1612 Mail Service Center Raleigh, NC 27699-1612 Ms. Wehner, Secretary Susi H. Hamilton I am responding to your request for review regarding the Mining Permit Application for Mill Creek Mine, Johnston County, NC. Based on the project as proposed, the North Carolina Division of Parks and Recreation has no objections and therefore no comments. Please feel free to contact me if you have any questions or concerns. Most Sincerely, Michael Peveler Environmental Review Coordinator North Carolina Division of Parks and Recreation (919) 707-8188 / Michael.peveler@ncparks.gov Dwayne Patterson, Director NC Division of Parks and Recreation 1615 MSC - Raleigh, NC 27699-1615 919.707.9300 / ncparks.gov NORTH CAROLINA STATE PARKS Naturm [tioadew Wehner, Judy From: Summers, Kimberly M Sent: Friday, June 21, 2019 3:08 PM To: James Kirkpatrick; Wehner, Judy Cc: Karen Hilliard; bobbysmith@gsmaterialsinc.com; Branch Smith Subject: RE: [External] FW: Bluewater pictures Hi James, We have discussed the recent inspection and agree there has been quite a bit of movement in the right direction. Unfortunately, there is still work needed to finish re-establishing the buffers and shape up the diversion berms. At this time, we cannot lift the NOV, but will extend the deadline another 30 days. I also asked Judy about the pumping between pits you mentioned and that cannot occur until that activity has been approved in the updated revised permit. I will send the updated inspection reports early next week. Thanks, Kimberly -----Original Message ----- From: James Kirkpatrick <jkirkpatrick@tgandp.com> Sent: Tuesday, June 18, 2019 4:33 PM To: Summers, Kimberly M <kimberly.summers@ncdenr.gov>; Wehner, Judy <judy.wehner@ncdenr.gov> Cc: Karen Hilliard <gsmaterials@windstream.net>; bobbysmith@gsmaterialsinc.com; Branch Smith <bsmith@paramounte-eng.com> Subject: [External] FW: Bluewater pictures CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to report.spam@nc.gov<mailto:report.spam@nc.gov> Thank you for meeting Bobby Smith and I at the Blue Water location today. As we discussed, the back of the property, near the old river bed has been regraded, bermed and the rim ditch filled in so water no longer leaves the property. The water accumulating from rainfall in the area now drains into our existing pit. Please call me with questions. James Kirkpatrick Vice President 336-263-6105 6/19/2019 Reply all 1 v ® Delete Junk I v ••• [External] FW: Bluewater pictures X [External] FW: Bluewater pictures �K James Kirkpatrick <jkirkpatrick@tgandp.com> Yesterday, 2:33 PM Summers, Kimberly M; Wehner, Judy; +3 more inbox ATT00001.txt 298 bytes 9 i +-)) Reply all I v _ [�•'" -y'� -• rya kls r:.� ATT00002.txt 298 bytes v Show all 8 attachments (2 MB) Download all Save all to OneDrive - State of North Carolina v ATT00003.txt 298 bytes CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to report.spam@nc.gov<mailto:report.spam@nc.gov> Thank you for meeting Bobby Smith and I at the Blue Water location today. As we discussed, the back of the property, near the old river bed has been regraded, bermed and the rim ditch filled in so water no longer leaves the property. The water accumulating from rainfall in the area now drains into our existing pit. Please call me with questions. James Kirkpatrick Vice President 336-263-6105 Getting too much email from James Kirkpatrick <jkirkpatrick@tgandp.com>? You can unsubscribe https://outlook.office365.corn/owa/projection.aspx 1/2 I MINING CHECKLIST FOR ROUTING I (p//j/� ��) Applicant me: 'V �+W ProjectName: Applic./ Permit No: Reviewer: z— County: Date Received: s a River Basin Name: ❑ New Modification (inside permit boundaries) Modification (outside permit boundaries) ❑ Transfer ❑ ease ❑ Partial Release ElAdditional Information ElFee Needed: $ Fee Received: $ Gii(Ja Pleas route entire application package to : kiOffice complete copies; attach the "LQS Regional Office Mining Application Review Vhlisct"tooneco y andattach bththe AQ DWR" ning Application ReviewForm" to the othercopy; send both copiesto the Regionalngneer) Date: Routed Rec'd Division of Water Resources Date: Routed Rec'd Yq/NC Wildlife Resources Commission Date: Routed Rec'd US Fish dr Wildlife Service Date: Routed Rec'd (Only new applications and modification requests that add land to the permit) Please route first; pages of the application and any location maps to [� [vision of Parks all Recreation Date: Routed L29 NG Geological Survey Section Date: Routed �61 A �biyjtT�ltaAiEf� Date: Routed Division of Soil dr Water Conservation (plus LEA) Date: Routed (Only new applications and modifications requests that add land to the permit) r] Division of Archives dr History (Only new applicants) ] Other: Date: Routed Date: Routed Rec'd Rec'd Rec'd Rec'd Rec'd Rec'd * Suspense Date for Comments: / (no later than 25 days from receipt) ] Please note the following: P� r Val�dti G S MATERIALS INC - - 1521 HUFFMAN-MILL RD 200�5 BURLINGTON, NG 27215-8815 66-112ml DATE . PAY TO THE ORDER OF ^,►,�,' Op JM asalriZ 0 j� _ .phcft DOLLARS i i♦ BRANCH BARKNO M o 7R W CompMY 14MBANKBBT MWAM FOR Wehner, Judy From: Wehner, Judy Sent: Tuesday, May 28, 2019 1:56 PM To: Wilson, Nat; Peveler, Michael L; Bauer, Michael; Galamb, Eric; Dunn, Maria T.; Pete_Benjamin@fws.gov, Leigh_Mann@fws.gov; Taylor, Kenneth Subject: FW: [External] RE: pdfs of Blue Water S & G Attachments: 2019.5.20 Mine Maps t.pdt Mill Creek Mine Application.PDF; pump letter.pdf; 18437.PE Cover Letter.pdf; 18437.PE NOV Resp2.pdf Please find attached for your review a copy of the mining permit application request for the above referenced project. Please review this information and advise as to the probability of this operation having unduly adverse effect (G.S. 74-51(2)). Please respond by June 14, 2019 so that we may complete our review of this request within our statutory time limits. As is the case in our review of all mining permit applications and modifications, this office will carefully review all proposed erosion and sediment control measures to ensure that they are sufficient to restrain erosion and off -site sedimentation. However, any comments your agency can provide regarding effects would be greatly appreciated. If your staff wishes to perform a site inspection, it is recommended that they contact the person submitting this request to set up a convenient date and time. Your continued cooperation in the review of these type of requests is greatly appreciated. Please contact me at (919) 707-9227 if you have any questions. From: Branch Smith <bsmith@paramounte-eng.com> Sent: Tuesday, May 28, 2019 1:00 PM To: Wehner, Judy <judy.wehner@ncdenr.gov> Subject: [External] RE: pdfs of Blue Water S & G See attached pdfs Kind Regards; Branch From: Wehner, Judy <iudv.wehner(ancdenr.eov> Sent: Tuesday, May 28, 2019 11:40 AM To: Branch Smith <bsmith(garamounte-ene.com> Subject: pdfs of Blue Water S & G Can you send me pdfs of the maps and application, please? Our admin is out sick and I need to route it ASAP. Judy Wehner Assistant State Mining Specialist Land Quality Section 919-707-9227 office Judv.Wehner(a)ncdenr.00v Email 1612 Mail Service Center Raleigh, North Carolina 27699-1512 512 N. Salisbury Street Raleigh, North Carolina 27604 Mining Program Website: httos://deo. nc. gov/about/d ivisions/energy-mineral-land-resources/energy-m i neral-land-perm its/m inino-prop ram Nothing Compares_ Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. Wehner, Judy From: Sent: To: Subject: Attachments: Judy Wehner Assistant State Mining Specialist Land Quality Section 919-707-9227 office Judy.Wehner(cD,ncdenr.gov Email Wehner, Judy Tuesday, May 28, 2019 12:25 PM Wilson, Nat, Bauer, Michael; Dunn, Maria T.; Pete_Benjamin@fws.gov; Leigh_Mann@fws.gov; Peveler, Michael L; Taylor, Kenneth; Galamb, Eric Last map 51-40 Map 4 2019.jpg 1612 Mail Service Center Raleigh, North Carolina 27699-1512 512 N. Salisbury Street Raleigh, North Carolina 27604 Mining Program Website: https://deq. nc.gov/abouVdivisions/energy-mineral-land-resources/energy-mineral-land-permits/mining-program Nothing Compares Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. MINING CHECKLIST FOR ROUTING n.. Applicant's Name: l�( ay ProjectName: Applic./ Permit No: ; ) County: Date Received: Reviewer: t River Basin Name: ❑ New ❑ Modification (inside permit boundaries) ❑ Modification (outside permit boundaries) ❑ Transfer ❑ Release ❑ Partial Release ❑ Additional Information ❑ Fee Needed: s ❑ Fee Received. S Please route entire application package to : El Regional Office (a complete copies; attach the "LQS Regional Office Mining Application Review Checklist" to one copy and attach both the DAQand D WR "Mining Application Review Form" to the other copy; send both copies to the Regional Engineer) Date: Routed ❑ Division of Water Resources Date: Routed NC Wildlife Resources Commission Date: Routed US Fish & Wildlife Service Date: Routed (Only new applications and modification requests that add land to the permit) Please route first 3 pages of the application and any location maps to: Division of Parks all Recreation Date: Routed ❑ NC Geological Survey Section Date: Routed El Division of Marine Fisheries Date: Routed Division of Soil a Water Conservation (plus LEA) Date: Routed (Only new applications and modifications requests that add land to the permit) ❑ Division of Archives a History (Only new applicants) ❑ Other.- ** Suspense Date for Comments: ❑ Please note the following: Date: Routed Date: Routed Rec'd Rec'd Rec'd Rec'd Rec'd Rec'd Rec'd Rec'd Rec'd Rec'd (no later than 25 days from receipt) Wehner, Judy From: Wehner, Judy Sent: Tuesday, May 28, 2019 12:21 PM To: Wilson, Nat; Bauer, Michael; Dunn, Maria T.; 'Pete_Benjamin@fws.gov'; 'Leigh_Mann@fws.gov'; Peveler, Michael L, Taylor, Kenneth; Galamb, Eric Cc: Denton, Bill; Summers, Kimberly M Subject: Blue Waters Sand & Gravel Mill Creek Mine Modification 2019 Attachments: 51-40 MOD APPL 2019.pdf, 51-40 Map 1 2019jpg Please find attached for your review a copy of the mining permit application request for the above referenced project. It will take several emails to send all the maps. Please review this information and advise as to the probability of this operation having unduly adverse effect (G.S. 74-51(2)). Please respond by June 14, 2019 so that we may complete our review of this request within our statutory time limits. As is the case in our review of all mining permit applications and modifications, this office will carefully review all proposed erosion and sediment control measures to ensure that they are sufficient to restrain erosion and off -site sedimentation. However, any comments your agency can provide regarding effects would be greatly appreciated. If your staff wishes to perform a site inspection, it is recommended that they contact the person submitting this request to set up a convenient date and time. Your continued cooperation in the review of these type of requests is greatly appreciated. Please contact me at (919) 707-9227 if you have any questions. Judy Wehner Assistant State Mining Specialist Land Quality Section 919-707-9227 office Judv.Wehneridncdenr.gov Email 1612 Mail Service Center Raleigh, North Carolina 27699-1512 512 N. Salisbury Street Raleigh, North Carolina 27604 Mining Program Website: hftps:Hdeq. nc.gov/abouttdivisions/energy-mineral-land-resources/energy-mineral-land-permits/mining-program !--� Nothing Compares. Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. Wehner, Judy From: Wehner, Judy Sent: Wednesday, May 22, 2019 2:11 PM To: Bolich, Rick Cc: Denton, Bill; Summers, Kimberly M Subject: 51-490 DWR REVIEW SHEET 2013 Attachments: 51-490 DWR REVIEW SHEET 2013.doc Here's the review sheet for the modification of the Mill Creek Mine in Johnston County. Wehner, Judy From: Wehner, Judy Sent: Tuesday, May 28, 2019 12:22 PM To: Wilson, Nat; Bauer, Michael; Dunn, Maria T.; 'Pete_Benjamin@fws.gov'; 'Leigh_Mann@fws.gov'; Peveler, Michael L; Taylor, Kenneth; Galamb, Eric Cc: Denton, Bill; Summers, Kimberly M Subject: Blue Waters Sand & Gravel Mill Creek Mine Additional Maps Attachments: 51-40 Map 2 2019jpg; 51-40 Map 3 2019 jpg Judy Wehner Assistant State Mining Specialist Land Quality Section 919-707-9227 office Judv.WehnerAncdenr.gov Email 1612 Mail Service Center Raleigh, North Carolina 27699-1512 512 N. Salisbury Street Raleigh, North Carolina 27604 Mining Program Website: https://deq. nc.gov/abouttdivisions/energy-mineral-land-resou rces/energy-mineral-land-permits/mining-program !-'Nothing Compares Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. Print this form to PDF Return PDF of this form to DEMLR CO by email. cc DEMLR RO, DWR SPU. Send a copy to the permittee. MINING PERMIT APPLICATION REVIEW FORM for the DIVISION OF WATER RESOURCES Project Name: Mill Creek Mine DEMLR Permit # 51-40 Email: dquinn5@ec.rr.com PERMIT ACTION TYPE: Modificayion YES County: Johnsyon Applicant's NO Date Commencing F it Have land disturbing activities started? Date? F,7 ( (— Latitude: 35.3496 Longitude:-78.1897 Please return comments to (at DEMLR CO): Judy Wehner Comments due by: 06/14/2019 2002 SECTION BELOW TO BE FILLED OUT BY DWR: Is the RO concerned that the operation, as proposed, would violate standards of water quality? Comments: Watershed/Stream Name & Classification: DWR Compliance Status of Mine: Does this mine (or previous owner) have DWR back fees to pay? If yes, amount: Is this mine an active permit in BIMS? YES NO 401 Wetland Cert. required? ( F ( 401 Wetland Cert. existing? ( Permit # F ( Does DWR RO have enough information to determine if a 401 certification is required? ( F YES NO Are wetlands disturbed at this site? F l I Does DWR RO suspect or know of nearby F wetlands to the site? (JD Is a wetland delineation required prior to DWR issuing the permit? (Consultant (Onsite? Rav Rcnfamh.r go in Print this form to PDF Return PDF of this form to DEMLR CO by email, cc DEMLR RO, DWR SPU. Send a copy to the permittee. (Offsite? Stream Determination Needed? Stream Determination Completed? r Does DWR RO need a statement that no wetlands/streams are disturbed F ( F for this project from applicant? Buffer Determination Needed? F ( F Buffer Determination Completed? F ( F Recycle system permit existing?* F (Permit # F New Recycle System permit required?* — ( F Enough information to determine? Non -discharge permit existing?* F (Permit # F Does this applicant need to contact the regional of Central DWR Office to - ( r determine if a State Stormwater Permit is needed? (— (Unknown. Will wastewaters discharge to HOW waters F (7Q10 Permittee with a 7Q10=0? ** ( Flow: must determine. ( Has Violation ( O&M Requirements ( HQW/7Q10 Concerns Does DWR require DEMLR to hold the i ( Pay back fees or renew permit (e.g. so DWR can review it further or DWR permit because DWR requires more information)? ( Other. Please describe the reason to hold the permit: RO contact: _ ( Hold Until: Mine must wait to dewater until an O&M plan is ( r approved? Permit. **To obtain 7Q10 flows, permittees must contact the DWR Stomlwater Permitting Unit. If DWR does not have a flow estimate for a specific stream, permittees will be asked to obtain one. Permittees should contact J. Curtis Weaver at the USGS: 919-571-4043, for more information on obtaining a 7Q10 flow. USGS will not determine a 7Q10 flow for tidally influenced water bodies. "* If there is not enough information to give a complete answer, write in the space provided what you will need to answer this guestion completely. If You require DEMLR to hold the oermit until further notice indicate that in the question below. Rpv Rpnfpmhnr 9ni n Print this form to PDF Retum PDF of this form to DEMLR CO by email. cc DEMLR RO, DWR SPU. Send a copy to the permiftee. Reviewed by: DWR RO Surface Water: Regional Office: Date: RO Aquifer Protection Section: Regional Office: Date: SPU DWR Central Office Reviewer (if applicable): RPv SantPmhPr ,?n1 n MP 51-49 1I\'— Blue Water Sand & Gravel, Inc. Mill Creek Mine Latitude: 35.3495630 N Longitude: 77.1896670 W County: Johnston 6moow l��h.�c" Map Scale 1:24,000 Date: 5/22/2019 Facility Location 07 1 � -- � •.�' �� �� w. f � Y Spa -�� ti v"' �1 �� t�.. s !' ', Fir i � l iW � ��.�� �' "• for the Project/Number: ounty: 'QI61,,,�, Please return comments back to: Comments dace by: Will the operation, as proposed, violate standards of air quality? Comments: YES NO Air permit required Air permit existing (Permit # ? Other Comments: Reviewed tiV' Date: Print Central Office Reviewer. Rev Dec 2006 LAND QUALITY SECTION REGiOVAL ULph�'9;t MINING APPLICATION REVIEW CHECKLIST APPLICATION/PERMIT NO,: "y� n( ACTION: New tModificatLionenewal Transfer Release APPLICANT NAME: M%ltt,Il�J+-(, 1 C. MINE NAME:COUNTY: Administrative Issues: A. Is the site currently under NOV? Yes No Explain: B. Is an NPDES permit needed? Yes No Explain: C. Is an NPDES permitting existing? Yes No Explain: D. Is an 0 & M Plan needed? Yes No Explain: Field Issues: A. Are potential wetlands and watercourses properly indicated on the Mine Map? Yes No Explain: B. Are the proposed buffer zones adequate? Yes No Explain: C. Do all occupied dwellings within 300 feet of the mine excavation appear to be indicated? Yes No Fxnlain- D. Do all water supply wells within 500 feet of the mine excavation appear to be indicated? Yes No Fxnlain, E. Is visual screening needed? Yes No Explain: Are the proposed erosion and sedimentation control measures properly located to prevent offsite sedimentation? Yes No Explain: Is the proposed revegetation/reclamation plan acceptable? Yes No Explain: Date inspected: rosion and Sedimentation Control Plan Review: t is the responsibility of the Regional Office staff to verify the adequacy of the E&S measures. Please provide my concerns or comments: )then Comments: Vho was the application routed to and when?: )ivision of Air Quality: — Date: )ivision of Water Resources (Surface Water Protection Section): Date: )they: Date: ispector/Reviewer's Name: Date: ev Dec 2006 Wehner, Judy From: Branch Smith <bsmith@paramounte-eng.com> Sent: Wednesday, May 22, 2019 2:32 PM To: Wenner, Judy Cc: Denton, Bill; Summers, Kimberly M Subject: RE: [External] RE: Permits for Mill Creek #1 and #2 Attachments: 18437.PE Cover Letter.pdf, pump letter.pdf Here's two letters coming to your mail that are in addition to the previous submittals. Kind Regards; Branch From: Wehner, Judy <judy.wehner@ncdenr.gov> Sent: Wednesday, May 22, 2019 12:57 PM To: Branch Smith <bsmith@paramounte-eng.com> Subject: RE: [External] RE: Permits for Mill Creek #1 and #2 Gorcha but I need a detailed description of the modification request that includes everything they want. From: Branch Smith <bsmith@paramounte-ene.com> Sent: Wednesday, May 22, 201911:33 AM To: Wehner, Judy <[udv.wehnerPncdenr.gov> Subject: RE: [External] RE: Permits for Mill Creek #1 and #2 We want to combine them into 1 permit. Either new number or use one already out there. Kind Regards; Branch From: Wehner, Judy <iudv.wehner(@ncdenr.gov> Sent: Wednesday, May 22, 2019 11:33 AM To: Branch Smith <bsmithPparamounte-ene.com> Subject: RE: [External] RE: Permits for Mill Creek #1 and #2 I received the package. I have no idea what you are submitting. You have both permits as the modification. There is no description of the modification. Which permit are you modifying? From: Branch Smith <bsmith@paramounte-eng.com> Sent: Wednesday, May 22, 2019 9:27 AM To: Summers, Kimberly M <kimberlv.summers@ncdenr.gov> Cc: Wehner, Judy <iudy.wehner@ncdenr.eov>; Denton, Bill <bill.denton@ncdenr.eov> Subject: [External] RE: Permits for Mill Creek #1 and #2 Did your offices receive Blue Water Permit Mod and NOV Response Packages yesterday? Will you make a return visit during your reviews? I'd like to be there to make sure it all gets addressed. Just let me know please Thanks Kind Regards; Branch From: Summers, Kimberly M <kimberly.summersCOncdenuov> Sent: Monday, April 08, 2019 8:46 AM To: Branch Smith <bsmith@aaramounte-eng.com> Subject: Permits for Mill Creek #1 and #2 Hi Branch, Attached are the permits for Mill Creek #1 and #2. Let me know if you need anything else. Thanks, Kimberly Kimberly Summers Environmental Specialist Division of Energy, Mineral and Land Resources Raleigh Regional Office O: (919) 791-4200 F:(919) 571-4718 kimberlv.summers@ncdenr.gov &Mail correspondence to and from this address is subject to the NorthCarolloe Public accords f.awend is disclosed to third parties unless the content is exempt by statute orother regulation _DARAMOUNTE C N G I N as MIN G. IN C. May 22, 2019 Ms. Judy Wehner NCDEQ — NCDEMLR 1612 Mail Center Drive Raleigh, NC 27609 RE: Mill Creek Mine (Permit 51-40 and 51-49) Williford Rd, Princeton, Johnston County, NC Dear Ms. Wehner, On behalf of Blue Water Sand and Gravel, Inc. we are submitting a follow-up summary of the changes proposed as requested by your email. See below for a brief list: • Request that the permits 51-40 and 51-49 be combined into 1 permit with a single bond coverage. • The Harper tract where the washout occurred across the driveway has been purchased by Blue Water and has been included into the revised maps issued to your office. • The buffers are varied between permits and we propose basically a 50' buffer all the way around with exception to Williford Road as a 100' buffer. There was a 250' buffer on the rear of the old maps, that we are proposing to be a 50' now. • Dewatering permit NCG 020882 has been active since 2010, renewed in 2015, and expires in 2020 as part of those general stormwater permits. • A new water withdrawal registration has been applied for given the potential of dewatering over 100,000 GPD on the property. • The easement running through the Nancy Weaver tract may be still legal and valid, however, it's not included within the mine boundary anymore. It has not been used or disturbed since it was originally permitted. • The NOV items have all been addressed by now, assuming we have final ok from your Dept. Given Blue Water and GS Materials are the same ownership, we'd like to ask for the Madeline Hall Expansion (71-12) Bond be approved please. If you have any questions regarding any of this information or require additional material, please feel free to call. Sincerely, PARAMOUNTE ENGINEERING, INC. J. Branch Smith, PE Cc: William Denton, DEMLR Raleigh Regional Office 1 2 2 C I N E M A D R I V E, W I L M I N G T O N, N C 2 B 4 D 3 P H: (9 1 O) 7 9 1- 6 7 D 7 FAX: (9 1 ❑) 7 9 1- 6 7 6 D PAGE 1 OF 1 05/21/2019 Ms. Judith Wehner. NCDEQ-DEMLR-Mining Section 1612 Mail Service Center Raleigh, NC 27699-1612 Re: Blue Water Sand and Gravel, Inc. Mining Permit 51-40 & 51-49. Johnson County. Dear Ms. Wehner: If the proposed mine named Mill Creek Mine adversely impacts any existing wells for the residences that are currently occupied within a 500' radius of its location, Blue Water Sand and Gravel, Inc. will take action to correct loss of water by lowering the pumps and/or increasing the drop pipes in existing wells, replacing the pump with one that can draw from a deeper depth, replacing the well with a deeper one, or would considering paying the initial hook-up fee for county water for the residences if the owner desires. #TX140;A' Karen Newport CEO PO Box 1335, Burlington, NC 27216. Tel: 919-499-9322. Fax: 919-499-2097. DARAMOUNTE E N <3 I N E E R I N G. 1 N C. May 20, 2019 Mr. Bill Denton — Raleigh Regional Office Manager NCDEQ — NCDEMLR 3800 Barrett Drive Raleigh, NC 27609 RE: Mill Creek Mine (Permit 51-40 and 51-49) Williford Rd, Princeton, Johnston County, NC Dear Mr. Denton, RECEIVED MAY 2 2 2019 LAND QUALITY MINING PROGRAM On behalf of Blue Water Sand and Gravel, lnc. we are submitting formal responses to the Notice of Violations and Intent to Enforce Letter dated April 10, 2019 regarding the non-compliance with this property permitted as a sand mine. Please find your comments and permit conditions listed below with our response provided in bold bullets. 1. Operating Condition 2B: During mining operations, water trucks or other means that may be necessary shall be utilized to prevent dust from leaving the permitted area. Excessive dust was observed at the entrance on Williford Road. • A water truck will be used to keep the dust down. 2. Operating Condition 4A: Adequate mechanical barriers including but not limited to diversions, earthen dikes, sediment check dams, sediment retarding structures, rip rap pits, or ditches shall be provided in the initial stages of any land disturbance and maintained to prevent sediment from discharging onto adjacent surface areas or into any lake, wetland or natural watercourse in proximity to the affected land. Adequate mechanical barriers were not present to prevent sediment from being tracked onto Williford Road and discharged onto undisturbed buffers and adjoining properties along the disturbed boundaries at the site. • Erosion control measures such as berms and additional stone is being repaired to address these violations. 1 2 2 C I N E M A C R I V E, W I L M I N G T G N, N C 2 B 4 C 3 F H: (9 I C ) 9 9 1- 6 9 C 9 F A X: (9 1 C ) 9 9 1- 6 9 6 C PAGE 1 of 4 PARAMOUNTE E N G3 1 N E E R 1 N G. 1 N C. 3. Operating Condition 4B: All drainage from the affected areas around the mine excavations shall be diverted internal to said excavations. —Several ditches were draining off -site and not internal to the mine. • The ditch outlet in the rear of the property has been plugged and no water is leaving the pond that feeds this ditch. There is an approved discharge point as part of NPDES NCG020882 that enters the farm ditch of the eastern adjoiner, Nancy Weaver's land, but that one is currently not discharging either. 4. Operating Condition 4D: Mining activities shall occur as indicated on the mine map revised August 8, 2013 and the supplemental information received by the Land Quality Section on June 27, 2013, August 15, 2013, and August 19, 2013. Affected areas outside the permit boundaries continued to be observed during the inspections. • See permit modification and new mine maps. 5. Operating Condition 5: All affected area boundaries (51.19 acres) shall be permanently marked at the site on 100 ft. intervals. All affected permit boundaries have still not been marked on site. • Surveyors have been onsite marking the property boundaries, and buffers will be marked once the new permit is complete. The total combined acreage is 180 acres. 6. Operating Condition 9A: Sufficient buffer (minimum 100 foot) shall be maintained between any excavation and any mining permit boundary to protect adjacent property. Minimum 100-foot buffer has still not been maintained along site boundaries. • The 100-ft buffer is only shown on the public right of way of Williford Rd per the new maps as shown. 7. Operating Condition 9B: Buffers shall be maintained as indicated on the mine map revised August 8, 2013. Buffers have still not been maintained as indicated on the mine map revised August 8, 2013. • Buffers have been re-established on most of the mine, and a request is made to revise some of the buffers per the mine maps, specifically the 250-ft buffer on the rear is being requested to a 50-ft buffer if the Dept. approves. 8. Operating Condition 12: The operator shall notify the Department in writing of the desire to delete, modify, or otherwise change any part of the mining, reclamation, or erosion/sediment control plan contained in the approved application for a mining permit or any approved revision to it. Approval to implement such changes must be obtained from the Department prior to on -site implementation of the revisions. 1 2 2 C IN E M A O R I V E, W I L M I N G T O N, N C 2 8 4 0 3 P H: (9 1 O) 7 9 1- 6 7 0 7 F A X: (9 1 O) 7 9 1- 6 7 6 0 PAGE 2 OF 4 pARAMOUNTE E IV G I N E E R 1 N G, 1 N G. Approval of modifications is needed. No such application for modification to the mining permit has been received. • A modification application and revised mine maps have been completed and has been issued to Judy Wehner in Raleigh and a copy is included herein. 9. Reclamation Condition 4: Reclamation shall be conducted simultaneously with mining to the extent feasible. In any event, reclamation shall be initiated as soon as feasible after completion or termination of mining of any mine segment under permit. Final reclamation, including revegetation, shall be completed within two years of completion or termination of mining. No reclamation has been completed on the site to date. • The current repair areas and berms that are specific to these violations will be seeded this Spring/Summer. There are not current any large areas that inactive to operations that would need reclamation. Pit A is not being mined currently and deeper than Oft per the Reclamation Conditions. This office requests that you respond in writing within 30 days of receipt of this notice. Your response should address each of the below listed items (A through H). Please mail your response to Bill Denton, Regional Engineering Supervisor, Division of Energy Mineral and Land Resources, 3800 Barrett Dr. Raleigh, NC 27609. Please note, in order to bring this site into compliance, the following corrective actions must be taken: A. Provide documentation that the proper NPDES Permit has been obtained and explain why Blue Water Sand and Gravel Inc. did not obtain the necessary permit. • NCG 020882 is active and a modification is not necessary per communication with NCDEMLR Stormwater. B. Detail in writing that what measures Blue Water Sand and Gravel, Inc. has Installed sufficient to prevent sediment from being tracked off -site as per permit Operating Condition 4A. • Additional stone has been installed at the entrance. The road has been cleaned. A water truck will be used to keep the dust down. C. Subject permit must be modified to include a detailed erosion and sedimentation control plan. Please explain when Blue Water Sand and Gravel, Inc. plans to submit this modification request. (Please see the attached modification checklist for your use.) • Modification included herein. D. Site inspection revealed that mining activities (roads, mine excavation, overburden storage area, etc.) have occurred in areas beyond the footprint of the approved mine maps listed under permit Operating Conditions 4D. Please confirm in your response that you have ceased all mining activities beyond the approved affected area boundaries and on what date those activities were stopped. Your mine permit must be modified to include additional 1 2 2 C I N E M A D R I V E. W I L M I N G T O N, N C 2 9 4 D 3 F H: (9 1 O) 9 9 1- 6 T 0 9 F A X: (9 1 D) 9 9 1- 6 9 6 O PAGE 3 OF 4 DARAMOUNTE acreage outside of the current permit boundary or areas disturbed outside of boundary must be reclaimed within the deadline stated below. (Please see the attached modification checklist for your use.) • The berms along the haul road are being regraded and seeded, and we have requested the buffers to be reduced from 250-ft to 50-ft along the rear of the mine boundary. See new mine maps. E. Mine affected area boundaries have not been marked as per permit Operating Condition 5. Please explain in Blue Water Sand and Gravel, Inc.'s response how this has been corrected. Please include photographs as supporting documentation, The boundaries have been surveyed and buffers are staked. F. Buffers specified on the mine map must be reestablished in all areas where mining activities have exceeded permitted boundary, as per permit Operating Conditions 9A and 9B. Please explain in Blue Water Sand and Gravel, Inc.'s response how this will be accomplished and how these areas will be revegetated. • The buffers will be re-established with the overburden material from the mine activities and seeded. This has already been completed for the property adjoining the old Harper land, which is under contract to be included within the mine boundary as shown. G. Please detail Blue Water Sand and Gravel, Inc.'s written response efforts to begin reclamation around the western permit boundary and any areas that have reached the boundary limits. See revised mine maps and permit modification. If you have any questions regarding any of this information or require additional material, please feel free to call. Sincerely, PARAMOUNTE ENGINEERING, INC. J. Branch Smith, PE Cc: Jack Bailey, Blue Water Sand and Gravel James Kirkpatrick, Blue Water Sand and Gravel Karen Newport, Blue Water Sand and Gravel Bobby Smith, Blue Water Sand and Gravel 1 2 2 C IN E M A G R I V E, W I L M I N G T C N, N C 2 B 4 C 3 P N (9 1 C) T 9 1- 6 9 C 0 FAX: (9 1 ❑) 9 9 1- 6 9 6 G PAGE 4 Or 4 u9k NORTH CAROLINA MINING PERMIT APPLICATION RECEIVED BLUE WATER SAND & GRAVEL, INC.MAY 22 Z019 MILL CREEK MINE SAND QUALITY MINING PROGRAM MINE MODIFICATION PERMIT PERMIT: Prepared By: P -•^mounte Engineering, Inc. nrive E09 State of North Carolina Department of Environmental Quality Division of Energy, Minerals, and Land Resources 1612 Mail Service Center Raleigh, North Carolina 27699-1612 (919)733-4574 NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY MINING SECTION APPLICATION FOR A MINING PERMIT (PLEASE PRINT OR TYPE) Name of Mine Mill Creek Mine County Johnston River Basin: Neuse River Latitude (decimal degrees to four places) 35.35004 N Longitude (decimal degrees to four places)-78.1740 W 2. Name of Applicant* Blue Water Sand and Gravel. Inc. 3. Permanent address for receipt of official mail**P.O. Box 1335 Burlington, NC 27216 Telephone (336) 584-1745 Alternate No. (919) 499-9322 Rp - 51- f Zdo — PA,%t,,,-f-rzAu u'-. 4. Mine Office Telephone(919)499-9322 5. Mine We hereby certify that all details contained in this Permit Application are true and correct to the best of our knowledge. We fully unders nd that any willful misrepresentation of facts will be cause for permit revoca ***Signature Print Title Owner/Operator Date `l- t- This will be the name that the mining permit will be issued to and the name that must be indicated on the reclamation bond (security) that corresponds to this site. ** The Land Quality Section must be notified of any changes in the permanent address or telephone number. *** Signature of company officer required. G.S. 74-51 provides that the Department shall grant or deny an application for a permit within 60 days of receipt of a complete application or, if a public hearing is held, within 30 days following the hearing and the filing of any supplemental information required by the Department. All questions must be addressed and all required maps provided before this application can be considered complete. Attach additional sheets as needed. 2 APPLICATION FOR A MINING PERMIT NOTE: All of the following questions must be thoroughly answered regarding your mining operation for the intended life of the mine. All responses must be clearly conveyed on a corresponding, detailed mine map. A. GENERAL CHARACTERISTICS OF THE MINE 1. Answer all of the following that apply: ❑ If this is an application for a NEW permit, indicate the total acreage at the site to be covered by the permit (this is the acreage that the "new permit" fee will be based upon): Of this acreage, how much is owned and how much is leased? Acres owned: Acres leased: Property owner if leased: ❑ If this is an application for RENEWAL of a mining permit, indicate the mining permit number and the total (overall) acreage covered by the existing permit: Mining Permit No.: Total permitted acreage (this is the acreage that the "renewal" fee will be based upon): ® If this is an application for a MODIFICATION to a mining permit, indicate the mining permit number and the total (overall) acreage covered by the existing permit. Mining Permit No.: 51-40 & 51-49 Total permitted acreage: 180.0+/- ac Does the modification involve acreage within the previously approved permitted boundary? Yes ® No N. If yes, indicate the acreage to be covered by this modification (this is the acreage that the "major modification" fee will be based upon): 2.45 ac Does the modification involve acreage outside the previously approved permitted boundary? Yes ® No ❑. If yes, indicate the additional acreage to be covered by this modification: 2.45 ac . (NOTE: you must complete all of Section F. of this application form entitled Notification of Adjoining Landowners). Of this acreage to be added to the permit, will any portion of this acreage be affected (i.e.: disturbed, ground cover removed) by the mining operation? Yes No ❑. (If no, a "minor modification" fee of $100.00 is required, despite the "undisturbed" acreage to be added). If yes, indicate the acreage to be affected within the acreage to be added to the permit (the total acreage to be added to the permit is the acreage that the "major modification" fee will be based upon): 2.45 acres. ❑ If this is an application for TRANSFER of a mining permit, indicate the mining permit number and the total (overall) acreage covered by the existing permit. Mining Permit No.: Total permitted acreage: 3 APPLICATION FOR A MINING PERMIT SEE THE FEE SCHEDULE AT THE END OF THIS FORM FOR THE PROPER FEE AMOUNT TO BE PAID FOR THE REQUESTED PERMIT ACTIONS) AND CORRESPONDING ACREAGE NOTED ABOVE 2. Name of all materials mined: Sand and Gravel 3. Mining method: 4. ❑ Hydraulic Dredge ® Front-end Loader & Truck ❑ Shovel & Truck ® Dragline & Truck ❑ Self -loading Scraper Other (explain): Tracked Excavator and Truck a. Expected maximum depth of mine (feet) +/- 35ft Depth is relative to what benchmark? (e.g., natural ground level, mean sea level, road elevation, etc.) Natural Ground b. Expected average depth of mine (feet) +/- 30-35 ft 5. Has any area(s) at this site been mined in the past? Yes ® No ❑ If yes, when and by whom was this activity conducted? Since 2007 by G.S.M. and prior by others 6. Number of years for which the permit is requested (10 years maximum): 10 B. MAPS 1. Clearly mark and label the location of your mining operation on six (6) copies of a 7.5-minute quadrangle and a county highway map. These maps, in addition to six (6) copies of all mine maps and reclamation maps, must be submitted with each permit application. 7.5-minute quadrangles may be obtained from the N.C. Geological Survey: Mailing Address: Physical Address: 1612 Mail Service Center OR 512 North Salisbury Street, 51h Floor Raleigh, North Carolina 27699-1612 (919) 733-2423 www.geology.enr.state.nc.us/ Raleigh, North Carolina 27604 County highway maps may be obtained from the N.C. Department of Transportation: North Carolina Department of Transportation — Geographic Information Systems (GIS) Mailing Address: NCDOT GIS Unit 1587 Mail Service Center Raleigh, North Carolina 27699-1587 (919) 212-6000 www.ncdot.orLr/it/gisContact/default.html Physical Address: NCDOT GIS Unit 3401 Carl Sandburg Court Raleigh, North Carolina 27610 4 APPLICATION FOR A MINING PERMIT 2. Mine maps must be accurate and appropriately scaled drawings, aerial photographs or enlarged topographic maps of the entire mine site. All aspects of the mine site must be clearly labeled on the maps along with their corresponding (approximate) acreage. As a reminder, mining permits can only be issued for up to 10 years; thus, all mine and reclamation maps must only denote those activities that are intended to be conducted during the life of the mining permit. All maps must be of a scale sufficient (see minimum requirements listed below) to clearly illustrate the following, at a minimum: a. Property lines of the tract or tracts of land on which the proposed mining activity is to be located including easements and rights -of -way. b. Existing or proposed permit boundaries. c. Initial and ultimate limits of clearing and grading. d. Outline and width of all buffer zones (both undisturbed and unexcavated). e. Outline and acreage of all pits/excavations. f. Outline and acreage of all stockpile areas. g. Outline and acreage of all temporary and/or permanent overburden disposal areas. h. Location and acreage of all processing plants (processing plants may be described as to location and distance from mine if sufficiently far removed). i. Locations and names of all streams, rivers and lakes. j. Outline and acreage of all settling and/or processing wastewater ponds. k. Location and acreage of all planned and existing access roads and on -site haul roads. 1. Location of planned and existing on -site buildings. m. Location and dimensions of all proposed sediment and erosion control measures. n. Location of 100-year floodplain limits and wetland boundaries. o. Names of owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary; if an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, names of owners of record of tracts adjoining these tracts, that are within 1,000 feet of the mining permit boundary, must be provided on the mine map. p. Names of owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary which lie directly across and are contiguous to any highway, creek, stream, river, or other watercourse, railroad track, or utility or other public right-of-way. If an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, names of owners of record of tracts adjoining these tracts, that are within 1,000 feet of the mining permit boundary, must be provided on the mine map(s). NOTE: "Highway" means a road that has four lanes of travel or less and is not designated as an Interstate Highway. q. Map legend: 1. Name of applicant 2. Name of mine 3. North arrow 4. County 5. Scale b. Symbols used and corresponding names 7. Date prepared and revised 8. Name and title of person preparing map Map scales should meet the following guidelines: 5 APPLICATION FOR A MINING PERMIT PERMITTED ACREAGE MAP SCALE 0-49 Acres 1 inch = 50 feet 50-199 Acres 1 inch =100 feet 200+ Acres 1 inch = 200 feet (NOTE: Smaller scaled maps may be acceptable if they clearly illustrate the above items) APPLICATION FOR A MINING PERMIT A table/chart must be provided on the mine map that clearly lists the approximate acreage of tailings/sediment ponds, stockpiles, wastepiles, processing area/haul roads, mine excavation, and any other major aspect of the mining operation that is proposed to be affected / disturbed during the life of the mining permit. A table/chart similar to the following will be acceptable: CATEGORY AFFECTED ACREAGE Tailings/Sediment Ponds 1.0 Stockpiles 0.5 Wastepiles 1.5 Processing Area/Haul Roads 4.75 Mine Excavation 73.75 Other (Unexcavated/Berms) 1.5 Total Affected Acreage 83.0 NOTE: IN ADDITION TO THE ABOVE, THE MAPS MUST ALSO INCLUDE ANY SITE -SPECIFIC INFORMATION THAT IS PROVIDED IN THE ANSWERS TO THE FOLLOWING QUESTIONS IN THIS APPLICATION FORM (PLEASE NOTE THE ITALICIZED QUESTIONS/STATEMENTS THROUGHOUT THE FOB. THIS APPLICATION WILL NOT BE CONSIDERED COMPLETE WITHOUT ALL RELEVANT ITEMS BEING ADEQUATELY ADDRESSED ON THE MINE MAPS. C. PROTECTION OF NATURAL RESOURCES 1. Describe in detail the sequence of events for the development and operation of the mine and reference the sequence to the mine map(s). Attach additional sheets as needed. 1.OBTAIN STATE MINING PERMIT APPROVAL AND OTHER STATE, LOCAL, OR FEDERAL APPLICABLE PERMITS. 21OLLOW EROSION CONTROL MEASURES AS APPROVED ON PREVIOUS MINE MAPS FOR ANY NEW EXCAVATION AND CLEARING. 3.CLEAN AND MAINTAIN GRAVEL ENTRANCE ON WILLIFORD ROAD. ANY NEW DRIVEWAYS ON PUBLIC STATE ROADS SHALL PERMITTED BY NCDOT RESIDENT ENGINEER'S OFFICE. 4.MAINTAIN STEEL GATE(S) AT MINE ENTRANCES WITH LOCKS, MINE SAFETY SIGNAGE PER MHSA, AND NCDEQ PERMIT SIGNAGE. 5.VEGETATE/RECLAIM IN -ACTIVE AREAS AND SIDE DITCHES ALONG HAUL ROADS IN ACCORDANCE WITH SEEDING AND MULCHING SPECIFICATIONS. &INSTALL NEW OR REPLACE OLD "OPEN PIT" WARNING SIGNS AROUND PERIMETER OF EARTH BERMS AND MINE BOUNDARY LINES. 7.FOLLOW EROSION CONTROL AND STORMWATER BEST PRACTICES DURING MINING OPERATIONS AS SHOWN ON THESE MAPS. STORMWATER RUNOFF TO FLOW INTO EXCAVATION AREAS. CLEAN WATER DISCHARGES ARE PERMITTED, BUT NPDES PERMIT CONDITIONS MUST BE FOLLOWED. 7 APPLICATION FOR A MINING PERMIT &AFTER EXCAVATION IS COMPLETED IN SPECIFIC AREAS, REGRADE SIDE SLOPES AND STABILIZE, VEGETATE, AND ESTABLISH PONDS PER THE RECLAMATION PLAN AND PERMIT CONDITIONS. 2. Describe specific erosion control measures to be installed prior to land disturbing activities and during mining to prevent offsite sedimentation (include specific plans for sediment and erosion control for mine excavation(s), waste piles, accesslmine roads and process areas), and give a detailed sequence of installation and schedule for maintenance of the measures. Locate and label all sediment and erosion control measures on the mine map(s) and provide typical cross-sections/construction details of each measure. Engineering designs and calculations are required to justify the adequacy of any proposed measures. Ref. previous mine maps and current mine maps for erosion control measures. a. Will the operation involve washing the material mined, recycling process water, or other waste water handling? Yes ® No ❑. If yes, briefly describe all such processes including any chemicals to be used. Sand is washed with water. b. Will the operation involve discharging fresh or waste water from the mine or plant as a point discharge to the waters of the State? Yes ® No ❑. If yes, briefly describe the nature of the discharge and locate all proposed discharge points (along with their method of stabilization) on your mine map(s). Ref. NPDES NCG020882. c. Will any part of the proposed mine excavation(s) extend below the water table? Yes ® No ❑ If yes, do you intend to dewater the excavation(s)? Yes ® No ❑. If yes, what impact, if any, will mine dewatering have on neighboring wells? Estimated withdrawal rate in gallons per day: 1.08 MGD Locate all existing wells on the mine map(s) that lie within 500 feet of the proposed excavation area. Provide data to support any conclusions or statements made, including any monitoring well data, well construction data and current water withdrawal rates. Indicate whether the proposed mine locale is served by a public water system or private wells. There have been no problems to date; however a std. pumping responsibility letter will be provided from Blue Water stating their responsibility shall any private wells get compromised as a result of the dewatering on the mine. d. If you answered yes to any of the above questions, provide evidence that you have applied for or obtained the appropriate water quality permit(s) (i.e., non -discharge, NPDES, Stormwater, etc.) from the Division of Water Quality, Water Quality Section. In addition, the applicant is required to register water use with the Division of Water Resources if the operation withdraws more than 10,000 gallons per day and needs a capacity use permit from the Division of Water Resources if the operation lies in a capacity use area and withdraws more than 100,000 gallons per day. NC Water Withdrawal Registration has been submitted to NCDWR. APPLICATION FOR A MINING PERMIT 3. 4. 5. a. Will the operation involve crushing or any other air contaminant emissions? Yes ❑ No S. If yes, indicate evidence that you have applied for or obtained an air quality permit issued by the Division of Air Quality or local governing body. b. How will dust from stockpiles, haul roads, etc., be controlled? Dust will be controlled by use of water truck. A new water truck has been purchased for this property. A buffer will be required between any mining activity and any mining permit boundary or right-of- way. It may be an unexcavated buffer (no excavation, but roadways, berms and erosion & sedimentation control measures may be installed within it), an undisturbed buffer (no disturbance within the buffer whatsoever), or a combination of the two, depending upon the site conditions. Note that all buffers must be located within the mining permit boundaries. How wide a buffer will be maintained between any mining activity and any mining permit boundary or right-of-way at this site? A minimum buffer of 25 feet is recommended, although a wider buffer may be needed depending on site conditions. Show all buffer locations and widths on the mine map(s). Min. 50-ft undisturbed or unexcavated buffer is provided all the way around the mine boundary. b. A minimum 50 foot wide undisturbed buffer will be required between any land disturbing activities within the mining permit boundaries and any natural watercourses and wetlands unless smaller undisturbed buffers can be justified. Depending on site conditions, a buffer wider than 50 feet may be needed. How wide an undisturbed buffer will be maintained between any land disturbing activities within the mining permit boundaries and any natural watercourses and wetlands at this site? Show all buffer locations and widths on the mine map(s). There are adjacent waterways and wetlands from the Neuse River and 50-ft buffers and 50-ft riparian buffers are shown on revised mine maps. a. Describe methods to prevent landslide or slope instability adjacent to adjoining permit boundaries during mining. Minimum 2 horizontal to 1 vertical slopes or flatter for clayey material and minimum 3 horizontal to 1 vertical slopes or flatter for sandy material are generally required, unless technical justification can be provided to allow steeper slopes. Excavation slopes will be 2:1 or flatter. Final reclamation grades will be 3:1 or flatter. b. Provide a cross-section on the mine map(s) for all fill slopes (berms, wastepiles, overburden disposal areas, etc.), clearly indicating the intended side slope gradient, installation of any benches and/or slope drains 0 APPLICATION FOR A MINING PERMIT (with supporting design information) if needed, and the method of final stabilization. See mine maps. c. In excavation(s) of unconsolidated (non -rock) materials, specify the angle of all cut slopes including specifications for benching and sloping. Cross -sections for all cut slopes must be provided on the mine map(s). See mine maps. d. In hardrock excavations, specify proposed bench widths and heights in feet. Provide cross -sections of the mine excavation clearly noting the angles of the cut slopes, widths of all safety benches and mine benches, and the expected maximum depth of the excavation. n/a 7. Describe other methods to be taken during mining to prevent physical hazard to any neighboring dwelling house, public road, public, commercial or industrial building from any mine excavation. Locate all such structures on the mine map if they are within 300 feet of any proposed excavation. See mine maps. Required berms, slopes, buffers, and signage are being maintained on this mine. 8. Describe what kind of barricade will be used to prevent inadvertent public access along any high wall area and when it will be implemented. Vegetated earthen berms, appropriate fencing and adequate boulder barriers may be acceptable high wall barricades. A construction detaillcross-section and location of each type of barricade to be used must be indicated on the mine map(s). Vegetated berms and gates. 9. Are acid producing minerals or soils present? Yes ❑ No ®. If yes, how will acid water pollution from the excavation, stockpiles, and waste areas be controlled? 10. a. Describe specific plans (including a schedule of implementation) for screening the operation from public view such as maintaining or planting trees, bushes or other vegetation, building berms or other measures. Show the location of all visual screening on the mine map(s) and provide cross -sections through all proposed berms or proposed spacing, sizes and species for tree plantings. See mine permit conditions. b. Could the operation have a significantly adverse effect on the purposes of a publicly owned park, forest or recreation area? If so, how will such effects (i.e., noise, visibility, etc.) be mitigated? No public parks or recreation areas are located near this site. 11. Will explosives be used? Yes ❑ No Z. If yes, specify the types of explosive(s) and describe what precaution(s) will be used to prevent physical hazard to persons or neighboring property from flying rocks or excessive air blasts or ground vibrations. Depending on the mine's location to nearby structures, more detailed technical information may be required on the blasting program 10 APPLICATION FOR A MINING PERMIT (such as a third -party blasting study). Locate the nearest offsite occupied structure(s) to the proposed excavation(s) on the mine map and indicate its approximate distance to the proposed excavation. 12.Will fuel tanks, solvents, or other chemical reagents be stored on -site? Yes ® No ❑. If yes, describe these materials, how they will be stored and method of containment in case of spill. Indicate the locations) of all storage facilities on the mine map(s). Fuel storage secondary containment is regulated by NPDES NCG020882 and MSHA. See mine maps for fuel storage. D. RECLAMATION PLAN 1. Describe your intended plan for the final reclamation and subsequent use of all affected lands and indicate the sequence and general methods to be used in reclaiming this land. This must include the method of reclamation of settling ponds and/or sediment control basins and the method of restoration or establishment of any permanent drainage channels to a condition minimizing erosion, siltation and other pollution. This information must be illustrated on a reclamation map and must correspond directly with the information provided on the mine map(s). In addition, design information, including typical cross -sections, of any permanent channels to be constructed as part of the reclamation plan and the location(s) of all permanent channels must be indicated on the reclamation map. Mine slopes will be reclaimed at 3:1. Any tailings and silt ponds shall be backfilled and stabilized at 3:1 or cleaned out to establish a lake area with an average depth of 4-ft below the normal water level. Any wastepiles, stockpiles, and other disturbed areas shall be leveled and smoothed consistent with the reclamation. The entire site will be re -vegetated per the permanent vegetation specifications. Once mining is complete in an area, it shall be vegetated and reclaimed. 2. Is an excavated or impounded body of water to be left as a part of the reclamation? Yes ® No ❑. If yes, illustrate the Iocation of the body(s) of water on the reclamation map and provide a scaled cross -sections) through the proposed body(s) of water. The minimum water depth must be at least 4 feet, measured from the normal low water table elevation, unless information is provided to indicate that a more shallow water body will be productive and beneficial at this site. Existing ponds shown on mine maps will remain after reclamation is complete. 3. Will the body(s) of water be stocked with fish? Yes ® No ❑. If yes, specify species. Existing ponds may or may not be stocked with fish, but if so NCWRC biologists will be contacted for a stocking permit and no charge from the Commission. 4. Describe provisions for safety to persons and to adjoining property in all completed excavations in rock including what kind of permanent barricade will be left. Acceptable permanent barricades are appropriate fencing, large boulders placed end -to -end, etc. Construction details and locations of all 11 APPLICATION FOR A MINING PERMIT permanent barricades must be shown on the reclamation map. N/A 5. Indicate the method(s) of reclamation of overburden, refuse, spoil banks or other such on -site mine waste areas, including specifications for benching and sloping. Final cross -sections and locations for such areas must be provided on the reclamation map. Berms, overburden, and spoil banks will be used to establish final slopes at 3:1. There will be no waste areas left onsite. 5.a. Describe reclamation of processing facilities, stockpile areas, and on -site roadways. All stockpiles and onsite roadways will be removed, regraded, and vegetated. b. Will any on -site roadways be left as part of the reclamation? Yes ® No ❑. If yes, identify such roadways on the reclamation map and provide details on permanent road and ditch line stabilization. 6. Describe the method of control of contaminants and disposal of scrap metal, junk machinery, cables, or other such waste products of mining. (Note definition of refuse in The Mining Act of 1971.) All scrap materials will be removed from this site and taken to a designated landfill. No off -site generated waste shall be disposed of on the mine site without Rrio written approval from the NC Department of Environment and Natural Resources, Land Quality Section and either the Division of Waste Management (DWM) or local governing body. If a disposal permit has been issued by DWM for the site, a copy of said permit must be attached to this application. All temporary and permanent refuse disposal areas must be clearly delineated on the mine map(s) and reclamation map, along with a list of items to be disposed in said areas. No off -site waste will be disposed of on this site. 7. Describe your plan for revegetation or other surface treatment of the affected areas. This plan must include recommendations for year-round seeding, including the time of seeding and the amount and type of seed, fertilizer, lime and mulch per acre. The recommendations must include general seeding instructions for both permanent and temporary revegetation. Revegetation utilizing only tree plantings is not acceptable. Recommendations can be sought from: a. Authorized representatives of the local Soil and Water Conservation District; b. Authorized representatives of the Division of Forest Resources, Department of Environment and Natural Resources; c. Authorized county representatives of the North Carolina Cooperative Extension Service, specialists and research faculty with the Colleges of Agriculture and Life Sciences and Forest Resources at North Carolina State University; d. North Carolina licensed landscape architects; 12 APPLICATION FOR A MINING PERMIT e. Private consulting foresters referred by the Division of Forest Resources, Department of Environment and Natural Resources; f. N.C. Erosion and Sedimentation Control Planning and Design Manual; g. N.C. Surface Mining Manual: A Guide for Permitting, Operation and Reclamation; h. Others as may be approved by the Department. LIME - RATE OF APPLICATION (tons/acre): See Mine Details Sheet FERTILIZER - ANALYSIS AND RATE OF APPLICATION (pounds/acre): See Mine Details Sheet SEED - TYPE (S) AND RATE (S) OF APPLICATION INCLUDING YEAR-ROUND SEEDING SCHEDULE (pounds/acre): [NOTE: Include Legumes] See Mine Details Sheet MULCH - TYPE AND RATE OF APPLICATION (pounds/acre) AND METHOD OF ANCHORING: See Mine Details Sheet Revegetation and/or reforestation plan submitted by: Signature Date Print Name Title Agency 13 APPLICATION FOR A MINING PERMIT DETERMINATION OF AFFECTED ACREAGE AND BOND The following bond calculation worksheet is to be used to establish an appropriate bond (based upon a range of $500 to $5,000 per affected acre) for each permitted mine site based upon the acreage approved by the Department to be affected during the life of the mining permit. Please insert the approximate acreage, -for aspect of the mining operation, that you intend to affect during the lifer this mining permit (in addition, please insert the appropriate reclamation costlacre,for each category from the Schedule of Reclamation Costs provided with this application,form) OR you can defer to the Department to calculate your bond, or you based upon your maps and standard reclamation costs: CATEGORY AFFECTED RECLAMATION RECLAMATION ACREAGE COST / ACRES' COST Tailings/Sediment Ponds: Ac. X $1,500.00 /Ac. — $ Stockpiles: Ac. X $1,800.00 /Ac. — $ Wastepiles: Ac. X $2,000.00 /Ac. _ $ Processing Area/Haul Roads: 0 Ac. X $1,800.00 /Ac. _ $ Mine Excavation: Ac. X $2,000.00 /Ac. — $ Other (Berms): Ac. X $1,800.00 /Ac. _ $ TOTAL AFFECTED AC.: 0 Ac. TOTAL PERMITTED AC.: Ac. Temporary & Permanent Sedimentation & Erosion Control Measures: Divide the TOTAL AFFECTED AC. above into the following two categories: a) affected acres that drain into proposed/existing excavation and/or b) affected acres that will be graded for positive drainage where measures will be needed to prevent offsite sedimentation and sedimentation to onsite watercourses and wetlands. Internal Drainage: Ac. Positive Drainage Ac. X $1,500.00 /Ac. = 0.00 SUBTOTAL COST: Inflation Factor: 0.02 X SUBTOTAL COST: $568,890 X Permit Life (1 to 10 years): 10 years INFLATION COST: $ TOTAL COST = SUBTOTAL COST + INFLATION COST = $ Total Reclamation Bond Cost: $ (round down to the nearest $100.00) 14 APPLICATION FOR A MINING PERMIT E. NOTIFICATION OF ADJOINING LANDOWNERS The "Notice" form, or a facsimile thereof, attached to this application must be sent certified or registered mail, return receipt requested, to: 1. the chief administrative officer of each county and municipality in which any part of the permitted area is located as indicated on the mine map(s); 2. all owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary; if an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts must be notified (that are within 1,000 feet of the mining permit boundary) as indicated on the mine map(s); and 3. all owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary which lie directly across and are contiguous to any highway, creek, stream, river, or other watercourse, railroad track, or utility or other public right-of-way. If an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts must be notified (that are within 1,000 feet of the mining permit boundary) as indicated on the mine map(s). "Highway" means a road that has four lanes of travel or less and is not designated as an Interstate Highway. The only exception to the above method of giving notice is if another means of notice is approved in advance by the Director, Division of Land Resources. A copy of a tax map (or other alternative acceptable to the Department) must be mailed with the completed "Notice" form (the proposed overall permit boundaries and the names and locations of all owners of record of lands adjoining said boundaries must be clearly denoted on the tax map). The "Affidavit of Notification" attached to this application must be completed, notarized and submitted to the Department, with the remainder of the completed application form, before the application will be considered complete. THIS SECTION MUST BE COMPLETED FOR ALL APPLICATIONS FOR NEW MINING PERMITS AND ALL MODIFICATIONS OF A MINING PERMIT TO ADD LAND TO THE PERMITTED AREA, AS REQUIRED BY NCGS 74-50(bl). SEE THE NEXT TWO PAGES FOR THE "NOTICE" FORM AND THE "AFFIDAVIT OF NOTIFICATION" 15 NOTICE Pursuant to provisions G.S. 74-50(b1) of The Mining Act of 1971, Notice is hereby given that applied to the Division of Energy, Mineral, and Land Resources, North Carolina Department of Environmental Quality,1612 Mail Service Center, Raleigh, North Carolina 27699-1612, for (check one): ❑ a new surface mining permit, ❑ a modification of an existing surface mining permit to add land to the permitted area; or ❑ a modification of an existing surface mining permit to add land to the permitted area with no disturbance in the area proposed. Please note that future modification(s) may be submitted by the applicant to allow disturbance within this area without re -notification of adjoining landowners. 'SEE ATTACHED MAP FOR PROPOSED PERMIT BOUNDARIES AND CORRESPONDING ADJOINING LANDOWNER NAMES AND LOCATIONS' In accordance with G.S. 74-50(b1), the mine operator is required to make a reasonable effort, satisfactory to the Department, to notify all owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary; if an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts must be notified (that are within 1,000 feet of the mining permit boundary). In addition, the mine operator must also notify the chief administrative officer of the county or municipality in which any part of the permitted area is located. Any person may file written comment(s) to the Department at the above address within thirty (30) days of the issuance of this Notice or the filing of the application for a permit, whichever is later. Should the Department determine that a significant public interest exists relative to G.S. 74-51, a public hearing will be held within 60 days of the end of the 30-day comment period specified above. A copy of the permit application materials is on file and available for public review during normal business hours at the above listed address as well as at the appropriate regional office. For information regarding the specifics of the proposed mining activity, please contact the applicant at the following telephone number: . For information on the mining permit application review process, please contact the Mining Program staff at (919) 707-9220. Please note that the Department will consider any relevant written comments / documentation within the provisions of the Mining Act of 1971 throughout the application review process until a final decision is made on the application. (Owner of Record) Applicant: Contact: (Applicant & Contact Person) (Date of Issuance of this Notice) (Address of Applicant) 16 AFFIDAVIT OF NOTIFICATION I, , an ayp1T icant, or an agent, or employee of an applicant, for a new Mining Permit, or a modification of an existing Mining Permit to add land to the permitted area, from the N.C. Department of Environment and Natural Resources, being first duly sworn, do hereby attest that the following are all known owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary (including, where an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts, that are within 1,000 feet of the mining permit boundary) and that notice of the pending application has been caused to be mailed, by certified or registered mail, return receipt requested, to said owners of record at their addresses shown below, such notice being given on a form provided by the Department: (Adjoining Landowner Name) (Address) I do also attest that the following individual is the chief administrative officer of the county or municipality in which any part of the permitted area is located and that notice of the pending application has been caused to be mailed, by certified or registered mail, return receipt requested, to said office at the following address: The above attestation was made by me while under oath to provide proof satisfactory to the Department that a reasonable effort has been made to notify all known owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary (including, where an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts, that are within 1,000 feet of the mining permit boundary) and the chief administrative officer of the county or municipality in which any part of the permitted area is located in compliance with N.C.G.S. 74-50(b1) and 15A NCAC 5B .0004(d). I understand that it is the responsibility of the applicant to retain the receipts of mailing showing that the above notices were caused to be mailed and to provide them to the Department upon request. Signature of Applicant or Agent Date If person executing Affidavit is an agent or employee of an applicant, provide the following information: Name of applicant: Title of person executing Affidavit I, , a Notary Public of the County of , State of North Carolina, do hereby certify that Affidavit was made by him. appeared before me this day and under oath acknowledged that the above Witness my hand and notarial seal, this day of 17 G. LAND ENTRY AGREEMENT We hereby grant to the Department or its appointed representatives the right of entry and travel upon our lands or operation during regular business hours for the purpose of making necessary field inspections or investigations as may be reasonably required in the administration of the Mining Act of 1971 pursuant to G.S. 74-56. We further grant to the Department or its appointed representatives the right to make whatever entries on the land as may be reasonably necessary and to take whatever actions as may be reasonably necessary in order to carry out reclamation which the operator has failed to complete in the event a bond forfeiture is ordered pursuant to G.S. 74-59. LANDOWNER: n Signature: Print Name: R . e. tc (Title, if applicable) paw e �1 Company K-FARMS, INC. Address: PO Box 2570 Burlington, NC 27216-2750 Telephone: (36) 584-1745 Date Signed: Q - St— iG APPLICANT: Signature:* Print Name: 13,.c . ki2GPnarbe ,- Se . Title Company: Blue Water Sand and Gravel. Inc. Mine Name: Mill Creek Mine Telephone: (336) 584-1745 Date Signed: *Signature must be the same as the individual who signed Page 1 of this application. One orieinal and five (5) copies of the completed application, six (6) copies of all location maps —mine maps and reclamation maps, and the appropriate processing fee (see next page for fee schedule) in the form a check or money order payable to the North Carolina Department of Environment and Natural Resources must be sent to the Land Quality Section Central Office at the address listed on the front cover of this application form. Inquiries regarding the status of the review of this application should be directed to the Mining Program staff at (919) 733-4574. m